Is it a contract?

[mbbeaubi]

What is the name of your state? Michigan

Last Saturday, I signed a contract with a musician to play at my wedding and mailed it to her along with a check for a deposit. There is a clause in the contract saying that if I cancel, the musican gets to keep 50% of my deposit.

A week later I decided not to hire the musician. Since the musican hadn't cashed the check, I stopped payment, and then told the musican that I don't need her services anymore. The musican still wants 50% of the deposit, even though its only been a week.

Do I have to pay her legally?

One mitigating circumstance that I can think of is that I modified the contract that she sent me, to reflect changes in the price that we negotiated. Doesn't she have to cash the check or sign the contract and send it to me to show her acceptance of the changes? Since she never cashed the check, maybe it was never a contract?

Thanks

 

[CALIF-PRO36]

What is the name of your state? Michigan

Last Saturday, I signed a contract with a musician to play at my wedding and mailed it to her along with a check for a deposit. There is a clause in the contract saying that if I cancel, the musican gets to keep 50% of my deposit.

A week later I decided not to hire the musician. Since the musican hadn't cashed the check, I stopped payment, and then told the musican that I don't need her services anymore. The musican still wants 50% of the deposit, even though its only been a week.

Do I have to pay her legally?

One mitigating circumstance that I can think of is that I modified the contract that she sent me, to reflect changes in the price that we negotiated. Doesn't she have to cash the check or sign the contract and send it to me to show her acceptance of the changes? Since she never cashed the check, maybe it was never a contract?

Thanks

My response:

Without going into a long dissertation about contract law, the fact is, the contract is binding upon you. You had no right to breach that contract, or cancel the check. You owe the money.

IAAL

 

[mbbeaubi]

My response:

Without going into a long dissertation about contract law, the fact is, the contract is binding upon you. You had no right to breach that contract, or cancel the check. You owe the money.

IAAL

Well, in that case, what is the best course for me to take? I offered to pay her an amount less then the 50%, because I thought that it was unreasonable to pay so much when I canceled so soon after signing the contract. She didn't seem interested.

What's the worse case? I assume she can take me to small claims court and sue me for the 50%? Or since I breached the contract, can she sue me for more?

I'm asking because it's such a small sum (a few hundred dollars), that I don't think either of us wants to waste time going to court over it. I'm considering holding out and trying to reach a comprimise with her for an amount less than the 50%, but I don't want to do that if she can take me to court and end up costing me a lot more.

 

[CALIF-PRO36]

Well, in that case, what is the best course for me to take? I offered to pay her an amount less then the 50%, because I thought that it was unreasonable to pay so much when I canceled so soon after signing the contract. She didn't seem interested.

What's the worse case? I assume she can take me to small claims court and sue me for the 50%? Or since I breached the contract, can she sue me for more?

I'm asking because it's such a small sum (a few hundred dollars), that I don't think either of us wants to waste time going to court over it. I'm considering holding out and trying to reach a comprimise with her for an amount less than the 50%, but I don't want to do that if she can take me to court and end up costing me a lot more.

My response:

Maybe someone else will explain it to you. She holds all the cards, and there's no legally justifiable reason for your actions. There are only "downsides" for you in this matter. I just can't get myself to assist stupid people.

IAAL

 

[shell007]

OP...since you made this statement:

I'm asking because it's such a small sum (a few hundred dollars),

Then pay up and be done with it. YOU signed the original contract, YOU breached the original contract, YOU OWE THE MONEY.

If this goes to small claims court, chances are GREAT that you will loose AND end up paying court costs.

 

[mbbeaubi]

Why the name calling? I came to this forum to seek legal advice, and I'm asking questions. It doesn't mean I'm stupid, it means that I don't know about the law. Sorry I offended you.

I get it, I have to pay her, but you have to understand my reluctance to do so. While I said it is a small amount, it's still a lot of money to be paying to someone for doing nothing. I can understand paying the amount if it had been a long time between when I signed the contract and when I canceled, but the time was so short. She hasn't turned down other jobs because of this, she's not occuring any costs, she hasn't even done any work preparing for my wedding.

I understand, legally, I have to pay her, but common sense says that I shouldn't. I am hoping that since we are both reasonable people, we can come to an agreement on a payment that is fair.

My legal question was this. In case we are not able to reach an agreement, and this ends up going to small claims court, what happens? Is it possible that I can end up paying more than what I owe her + court costs? Is there any chance at all that a judge will see my side of the story?

 

[CALIF-PRO36]

Why the name calling? I came to this forum to seek legal advice, and I'm asking questions. It doesn't mean I'm stupid, it means that I don't know about the law. Sorry I offended you.

I get it, I have to pay her, but you have to understand my reluctance to do so. While I said it is a small amount, it's still a lot of money to be paying to someone for doing nothing. I can understand paying the amount if it had been a long time between when I signed the contract and when I canceled, but the time was so short. She hasn't turned down other jobs because of this, she's not occuring any costs, she hasn't even done any work preparing for my wedding.

I understand, legally, I have to pay her, but common sense says that I shouldn't. I am hoping that since we are both reasonable people, we can come to an agreement on a payment that is fair.

My legal question was this. In case we are not able to reach an agreement, and this ends up going to small claims court, what happens? Is it possible that I can end up paying more than what I owe her + court costs? Is there any chance at all that a judge will see my side of the story?

My response:

There was no mistake. There was no error. You CONCIOUSLY breached the contract. There is no "chance" to "see your side". I have already told you that you had no legally cognizable reason to do what you did. Don't you understand what you did, and what I wrote to you? How many times must you be told this?

If you can negotiate a settlement, fine. But if it goes to court, don't expect any miracles because the judge will say to you the same thing I'm telling you. You made a conscious decision, and you'll have to live or die by that sword.

I just don't have the patience for someone who cheats someone else on purpose - - and that's what you did. No one cares that your wedding plans didn't pan out. It's wholly irrelevant to the signed contract!

Now, go away.

IAAL

 

[shell007]

Why the name calling? I came to this forum to seek legal advice, and I'm asking questions. It doesn't mean I'm stupid, it means that I don't know about the law. Sorry I offended you.

I get it, I have to pay her, but you have to understand my reluctance to do so. While I said it is a small amount, it's still a lot of money to be paying to someone for doing nothing. I can understand paying the amount if it had been a long time between when I signed the contract and when I canceled, but the time was so short. She hasn't turned down other jobs because of this, she's not occuring any costs, she hasn't even done any work preparing for my wedding.

I understand, legally, I have to pay her, but common sense says that I shouldn't. I am hoping that since we are both reasonable people, we can come to an agreement on a payment that is fair.

My legal question was this. In case we are not able to reach an agreement, and this ends up going to small claims court, what happens? Is it possible that I can end up paying more than what I owe her + court costs? Is there any chance at all that a judge will see my side of the story?

Look...what YOU THINK should happen and what WILL happen are two different things. WE ARE NOT HERE to sympathies with you. This IS NOT A MORAL SUPPORT forum.

PAY THE MONEY, because YOU OWE THE MONEY.

YOU received the CORRECT LEGAL ADVICE more than once.

 

[CheeseBlotto]

The time to negotiate terms you don't like in a contract is before you sign it. As several people have pointed out, you have no leg to stand on legally. I'd add my personal aside that you also have no leg to stand on ethically. You made a promise that if you cancelled, you'd pay half. You cancelled. Pay up.

 

[CALIF-PRO36]

I'd add my personal aside that you also have no leg to stand on ethically. You made a promise that if you cancelled, you'd pay half. You cancelled. Pay up.

My response:

Actually, that's a legal, contractual, argument.

IAAL

 

[rdrector]

I get it, I have to pay her, but you have to understand my reluctance to do so.

Yea, but thats what "you" agreed to. Maybe she wouldn't feel like working the day of your event, but what does that matter?

I can understand paying the amount if it had been a long time between when I signed the contract and when I canceled, but the time was so short.

What is the difference? Would you really feel like paying 2 weeks from now?

My legal question was this. In case we are not able to reach an agreement, and this ends up going to small claims court, what happens? Is it possible that I can end up paying more than what I owe her + court costs? Is there any chance at all that a judge will see my side of the story?

So you want to know if you can "screw" her out of whats owed you, want to go that route, "unless;;;" she can "screw" you better in court?

Pay up, you owe it, you contracted to it, you will be reasponsible for it in the end. And hopefully more for giving her a hard way to go.

Ask yourself what you would demand of her if she broke her contract with you.